DGAA bLAWg

Why Driver Negligence Is the Most Common Cause of Motorcycle Accidents

Web Admin - Friday, May 17, 2019
Arlington Heights motorcycle accident lawyerAs the weather warms up during the spring, more and more people will begin to travel using motorcycles. Unfortunately, the increased number of motorcycles on Illinois’ roads means that more motorcycle accidents are likely to occur. May is Motorcycle Safety Awareness Month, and during this time, drivers are encouraged to share the road safely with motorcycles.

Unfortunately, many drivers fail to protect the safety of motorcyclists. Negligence by drivers of cars or trucks can be incredibly dangerous for cyclists, and collisions between motorcycles and other vehicles are likely to lead to serious or fatal injuries. While motorcyclists can take steps to protect their own safety by wearing a helmet and driving as safely as possible, they are often injured through no fault of their own. Some common forms of driver negligence that can result in severe motorcycle accident injuries include:

- Failure to notice motorcycles - Due to the small size of motorcycles, drivers often do not see them, and this can lead them to collide with a motorcycle when changing lanes or making turns. Drivers should always check their mirrors and blind spots and keep a close eye on all vehicles around them, and failure to do so is considered negligence.

- Failure to respect right of way - A significant percentage of motorcycle accidents take place at intersections, and they often occur because drivers do not follow the traffic laws regarding right of way. In some cases, drivers may not realize the speed at which a motorcycle is traveling, or their view of a motorcycle may be obstructed by obstacles or other vehicles. Regardless of the reason, dangerous collisions can occur when a driver illegally pulls out or turns in front of a motorcycle.

- Distracted driving - When a driver takes their eyes off the road, their hands off the steering wheel, or their attention away from driving, they greatly increase the chances of an accident. Some common distractions include using a cell phone to make calls or send texts, adjusting the radio or environmental controls, attending to children in the car, and eating or drinking. These activities can be especially dangerous when driving around motorcycles, since a momentary lapse in attention can cause a driver to be completely unaware of a nearby motorcycle.

- Drunk driving - When a driver is intoxicated by alcohol or drugs, their vision, coordination, judgment, and reflexes are all negatively affected. This can cause them to be unable to react in time to avoid colliding with a motorcycle.

Contact a Buffalo Grove Personal Injury Lawyer


If you have been injured in a motorcycle collision, it is likely that a negligent driver was at fault. At Drost, Gilbert, Andrew & Apicella, LLC, our Inverness motorcycle accident attorneys can help you pursue compensation from those who were responsible for your injuries, and we will fight to ensure that you receive the financial resources you need. To arrange a free consultation, contact us today by calling 847-934-6000.

Ken ApicellaAbout the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.



Sources:
https://www.trafficsafetymarketing.gov/get-materials/motorcycle-safety
https://www.nhtsa.gov/road-safety/motorcycle-safety

What Kind of Damages Can I Claim in a Medical Malpractice Lawsuit?

Web Admin - Wednesday, March 20, 2019
Des Plaines medical malpractice lawyerWhen someone suffers a severe injury due to medical malpractice in Illinois, that person may claim two types of compensation from the medical professional or institution who committed the malpractice: 

- Economic damages, which compensate the patient for specific financial losses both past and future, such as medical expenses and lost earnings.

- Non-economic damages, which compensate the patient for physical and/or emotional pain and suffering, inconvenience, disfigurement, physical impairment, loss of consortium, and loss of enjoyment of life, per Illinois law 735 ILCS 5/2-1702.


Does Illinois Limit the Dollar Amount of Damages for Medical Malpractice?


Unlike some states, Illinois medical malpractice law places no limits on the amount of either economic or non-economic damages that you can receive in a lawsuit. However, the law does not allow the award of punitive damages, which are intended to punish a wrongdoer and discourage others from making the same mistakes, per Illinois law 735 ILCS 5/2-1115.

What Type of Medical Error or Injury Qualifies for Financial Compensation?


There are many times when medical treatments that do not have as good of an outcome as we had hoped. For example, a knee replacement surgery may not relieve as much of our pain or restore as much physical function as we had expected. A pain medication may not relieve all of our pain and may also have unpleasant side effects. This does not mean that medical malpractice has occurred. You can only claim medical malpractice when a doctor or other licensed medical professional fails to meet the generally accepted standard of care expected in a particular patient-care situation. 

For example, suppose a patient came into an urgent-care center saying that they think they broke their ankle when they fell off a ladder. The expected standard of care would call for an X-ray to be taken and, depending on the severity of the injury, the doctor might apply a cast or refer the patient to an orthopedic surgeon for an operation to repair the ankle. Now suppose that the treating physician did not order an X-ray, incorrectly interpreted the X-ray, or otherwise failed to treat the patient according to generally accepted standards. Let us further suppose that, as a result of the physician’s error, the patient’s ankle does not heal properly, leaving him with a permanent disability and unable to work in his former profession. Taken together, these circumstances suggest that this patient could win damages in a medical malpractice lawsuit.

Consult an Experienced Schaumburg Medical Malpractice Lawyer


If you have suffered a severe injury that you believe can be attributed to misdiagnosis, delayed diagnosis, surgical error, improperly prescribed medication, or other treatment which deviated from the generally accepted standard of care, consult a knowledgeable Arlington Heights medical malpractice attorney. Call the law offices of Drost, Gilbert, Andrew & Apicella, LLC at 847-934-6000 for a no-cost initial consultation.

Ken ApicellaAbout the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.



Sources:
http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=073500050HArt%2E+II+Pt%2E+17&ActID=2017&ChapterID=0&SeqStart=17700000&SeqEnd=19900000
http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073500050K2-1115

Recovering Damages When Injured on Chicago Area Public Transportation

Web Admin - Friday, December 21, 2018
Inverness bus accident injury lawyerIf you regularly utilize the public transportation network in Chicago and its suburbs, there are a number of ways in which you could be injured and have grounds to file a personal injury lawsuit. Whether you ride buses or trains operated by Metra, CTA, or Pace, the potential causes of personal injuries are similar, including:

- A slip-and-fall that occurs at least in part due to the negligence of a bus or train operator. A fall attributable only to wet floors on a bus or train when it is raining outside is unlikely to qualify. On the other hand, CTA could be liable for a fall caused by an improperly trained driver who stopped their vehicle too quickly.

- Injuries attributed to faulty design or maintenance of a station platform or piece of equipment.

- Injuries sustained during a train derailment or a bus crash attributed to operator error. For example, Pace could be held liable if a bus driver causes a crash by running a red light, speeding, or being distracted by looking at their phone. However, if a collision is wholly the fault of another vehicle’s driver, Pace would generally not be liable.

- Wounds suffered by a pedestrian who is struck by a bus or train, or by parts flying off a bus or train, where it can be shown that the operator of the bus or train was at fault. If a person trespasses onto train tracks and is struck, they generally cannot hold the train operator responsible.

- Injuries inflicted by a public transit security officer who used excessive force or committed some other type of misconduct.


Time Is Critical in Chicago Public Transportation Injury Cases


If you believe you have a legitimate claim for damages against CTA, Metra, or PACE, you should contact a personal injury attorney as soon as possible. There are two reasons why Illinois personal injury cases involving public transportation are time sensitive. First, critical evidence must be protected, such as security video recordings that are typically only retained for a limited period of time before being erased or overwritten. An attorney must typically file an emergency protection order to preserve videos and other relevant evidence. Second, Illinois state law (745 ILCS 10/8-101) requires all claims against “local entities,” which includes local public transit authorities, to be filed within one year of the incident, versus a two-year timeframe for most other lawsuits. 

Recovery of Compensation from Transit Authorities is Possible


In 2017, a woman who was injured in a CTA train derailment was awarded more than $6 million in damages by a jury. She suffered injuries to her head, neck, and back when her head struck a metal pole and a door inside the train car. 

To compensate a man who was assaulted in a train station by Metra police officers, Metra agreed to an out-of-court settlement of $250,000 in 2017. The entire incident was captured on video.

Consult an Arlington Heights Public Transportation Accident Attorney 


If you have been injured on public transportation in the Chicago area, and you think you may have grounds for a personal injury lawsuit, talk to a knowledgeable Rolling Meadows personal injury lawyer without delay. The attorneys of Drost, Gilbert, Andrew & Apicella, LLC will review your case at no cost to you. Contact us at 847-934-6000 to schedule a consultation.

Ken ApicellaAbout the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.



Sources:
http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2062&ChapterID=58&SeqStart=8900000&SeqEnd=9200000
https://chicago.suntimes.com/news/woman-who-sued-cta-over-2014-blue-line-derailment-gets-6-5m/
https://www.nbcchicago.com/news/local/metra-police-beating-video-lawsuit-463813893.html

Marijuana a Rising Factor in Personal Injury Cases

Web Admin - Monday, September 17, 2018
Des Plaines marijuana product liability lawyerNow that 30 states (including Illinois) have legalized marijuana for medical use and nine also allow recreational use, the number of personal injury lawsuits involving cannabis is growing.

Background on the Cannabis Market


Over 100 distinct chemicals, broadly termed phytocannabinoids, are present naturally in the cannabis plant. Currently, two of the best-understood cannabinoids are THC, the psychoactive ingredient that produces a euphoric sensation, and CBD (cannabidiol), which has demonstrated pain-relieving, inflammation-reducing, neuro-protective, and cancer-fighting properties.

As scientists learn more about the way cannabinoids affect the human body and discover new applications for these chemicals, the variety of products made from cannabis is increasing. In fact, the U.S. market for legal cannabis is expected to grow 17% per year through 2028, reaching nearly $50 billion in annual sales. In comparison, U.S. wine sales are estimated at $65 billion. 

With such rapid growth, mistakes are bound to be made, and injuries are likely to result. 

Potential Grounds for Cannabis Personal Injury Lawsuits


Here are a few situations that could be grounds for a personal injury lawsuit against a marijuana producer/distributor: 

- Failure to warn of risks. If a cannabis product has the potential to impair a consumer’s ability to drive, or if it could affect a person’s thoughts or behavior in other ways that could prove dangerous, the packaging should provide appropriate warnings. If such warnings are not provided, and someone suffers an injury as a result, the producer/distributor could be sued for negligence and required to pay compensation to the victim. 

- Misleading or false advertising. If a producer says (in advertising, on packaging, or otherwise) that their product will provide a particular benefit, and the product fails to perform as promised, a consumer could file a lawsuit on the grounds of breach of contract or breach of warranty. 

- Product contamination. Many states do not yet have laws regulating the use of pesticides, fungicides, and other chemicals on marijuana crops, nor adequate procedures to enforce such regulations or test for toxins. Many lawsuits have resulted from contaminated consumables in other industries (e.g., E. coli in ground beef), and there have already been lawsuits against marijuana producers alleging harmful contamination. 

- Unsafe packaging. Marijuana products containing THC should be provided in packaging that is both child-resistant and tamper-evident, just as is required for other medicinal products that have a potential to cause harm. Portion sizes and the amount of THC per portion should also be made very clear on product labels. Defective packaging and foreseeable misuse could become grounds for a lawsuit. 

While the probability of a fatal overdose is near zero, marijuana is an intoxicant, and overconsumption can have serious consequences. Because of the potential for personal injury lawsuits, many states are requiring marijuana businesses to purchase liability insurance, so that funds will be available to compensate consumers for injuries caused by cannabis products.

An Arlington Heights Personal Injury Lawyer Can Help


If you or a loved one has been harmed by a medical cannabis product, consult an experienced Palatine personal injury attorney to discuss the details of your case and possible options for recovering compensation. The attorneys of Drost, Gilbert, Andrew & Apicella, LLC provide skilled representation, working to protect your rights when you have been harmed by an unsafe product. Contact us at 847-934-6000 to schedule a consultation.

Ken ApicellaAbout the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.



Sources:
https://www.products-liability-insurance.com/7-areas-ripe-marijuana-litigation/
https://www.marijuanaventure.com/examining-product-liability/
http://fortune.com/2018/08/22/legal-marijuana-market-size/
https://www.cdc.gov/marijuana/health-effects.html

Pursuing Compensation in Car Accidents Involving Self-Driving Vehicles

Web Admin - Monday, August 20, 2018
Crystal Lake autonomous vehicle accident attorneyNew technologies seem to appear on a daily basis, promising to improve our lives in a variety of ways. However, we must often weigh the benefits of these new developments with the risks they bring. Self-driving cars are one notable example of this type of technology. While autonomous vehicles may provide their owners a great deal of convenience, many people are concerned about whether they improve safety on the road or present risks to drivers, passengers, and pedestrians. In addition, when a self-driving vehicle is involved in a car accident, people who are injured may have difficulty determining how to recover compensation.

Legal Issues in Self-Driving Car Accidents

People who are injured in car accidents have the right to pursue financial compensation from the party or parties who were liable for their damages (which may include the costs of medical care, lost income due to missed work, property damage, and pain and suffering). Typically, a person must show that their injuries occured because of someone else’s negligence. In most cases, the liable party is a driver who was not following the rules of the road or operating their vehicle safely.

Self-driving cars are likely to make the identification of liable parties more complicated. In some cases, an injured person may be able to bring a product liability lawsuit against the vehicle manufacturer or the developer of the software used to control the vehicle. However, a variety of factors can affect liability, such as whether a human driver was partially in control of a self-driving vehicle or whether a company that operates autonomous vehicles for hire can be considered a liable party. 

Contact a Schaumburg Car Accident Lawyer

94% of car accidents are caused by driver error, and proponents of self-driving cars believe that these vehicles can significantly reduce the number of accidents that occur. However, it is impossible to completely eliminate the possibility of accidents, and since self-driving cars are a new technology, the laws regarding how accidents involving these vehicles should be handled have not been fully defined. This means that those injured in an accident with an autonomous vehicle are likely to face some legal obstacles when they attempt to recover damages.

If you have been injured in a car accident involving a self-driving car, whether as a driver, passenger, or pedestrian, it is important to work with an attorney who can help you determine your best options for pursuing compensation. The Barrington personal injury lawyers of Drost, Gilbert, Andrew & Apicella, LLC can help you understand the legal issues involved in your accident and help you receive the compensation you deserve from any and all liable parties. Call our office at 847-934-6000 to arrange a consultation.

Ken ApicellaAbout the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.



Sources:
http://fortune.com/2018/04/25/self-driving-car-accident-fault/
https://www.theatlantic.com/technology/archive/2018/03/can-you-sue-a-robocar/556007/

McDonald’s Salads Linked to Food Poisoning Cases in Illinois

Web Admin - Thursday, July 19, 2018
Crystal Lake food poisoning injury attorneyEating food purchased from a restaurant or grocery store should not be a risky proposition, but in recent weeks, a number of Illinois residents and people in nearby states have become seriously ill after doing so. Dozens of cases of food poisoning have been reported and linked to salads sold at McDonald’s restaurants, and the problem is becoming more widespread, affecting people in several states throughout the Midwest. If you have experienced food poisoning because of contaminated salads or other foods, you should be sure to understand your options for recovering compensation for your damages.

The Dangers of Contaminated Salads and Produce

The current food poisoning case involves the Cyclospora parasite, which can cause intestinal illnesses to those who consume it. Infections from this type of organism are known as cyclosporiasis, and symptoms include explosive diarrhea, nausea, vomiting, stomach pain or cramps, gas, fatigue, loss of appetite, weight loss, headaches, and fever. 

Cyclospora can be transmitted in fresh produce because these foods do not go through a cooking process that would kill the parasites. Washing or rinsing produce is not sufficient to remove these organisms.

After more than 100 reported cases of cyclosporiasis, McDonald’s has opted to remove salads from any restaurants that may have been affected by the outbreak. More than 3,000 restaurants are involved, and in addition to Illinois, people in Iowa, Wisconsin, Minnesota, and Missouri may have been in danger of contamination.

This is not the only case of food poisoning from Cyclospora which occurred recently. In June, vegetable trays produced by Del Monte were found to be the source of an outbreak that affected more than 200 people in Wisconsin, Iowa, Michigan, and Minnesota. The company recalled several products from grocery stores in states throughout the Midwest. This outbreak appears to be unrelated to the contaminated salads from McDonald’s.

Contact an Inverness Personal Injury Attorney

Food poisoning can not only cause a great deal of pain and discomfort, but it can have serious, long-lasting effects on one’s health. If you have contracted cyclosporiasis or any other type of infection after eating food purchased from a restaurant or grocery store, you may be able to pursue compensation for the damages which you have suffered. The Rolling Meadows personal injury lawyers at Drost, Gilbert, Andrew & Apicella, LLC can help you understand your options and advocate for your interests throughout the legal process. Contact us at 847-934-6000 to arrange a personalized consultation.

Ken ApicellaAbout the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.



Sources:
https://wqad.com/2018/07/17/illinois-officials-warn-of-food-poisoning-possibly-linked-to-mcdonalds/
http://www.foodsafetynews.com/2018/07/parasites-linked-to-mcdonalds-likely-not-part-of-del-monte-outbreak/#.W09ld9hKiV4
https://www.nytimes.com/2018/07/07/us/del-monte-vegetable-trays-parasite-nyt.html

Safety Tips to Reduce the Chances of Motorcycle Accident Injuries

Web Admin - Monday, June 04, 2018
Rolling Meadows motorcycle accident lawyerAs summer approaches in Illinois, more and more motorcyclists are enjoying the warm weather and spending time on the road. However, the increased number of motorcycles on the road means that motorcycle accidents are more likely. 

Motorcycle drivers and their passengers are much more likely to be injured in a collision than those who are driving or riding in vehicles. In fact, the National Safety Council has reported that while only 3% of registered vehicles in the United States are motorcycles, motorcyclists make up 13% of all traffic fatalities. In addition, the National Highway Traffic Safety Administration has reported that motorcyclist fatalities occur 27 times more often than fatalities in other motor vehicles.

Since motorcyclists do not have the safety features and protections provided by a car or truck, they should take extra care to protect themselves and take precautions to avoid accidents. Here are some safety tips that all cyclists should follow:

- Wear a helmet - Helmets are not required for adult motorcyclists in Illinois, but wearing one is strongly recommended, since it can greatly reduce the chances of head injuries. In fact, cyclists who wear helmets are three times more likely to survive head injuries experienced in a collision. Helmets should be approved by the U.S. Department of Transportation, and they should be securely fastened while riding.

- Use proper eye protection - Goggles can protect cyclists’ eyes while riding, but a full face shield offers more protection from insects, dirt, rain, or other elements that can cause pain and distraction. Goggles or face shields should be shatter-resistant and free of scratches while providing a clear field of vision, and they should be fastened securely so they do not come off while riding.

- Wear proper clothing - Cyclists should wear clothes that fully cover their arms and legs. This provides protection from weather and the moving parts of a motorcycle, and it can also provide protection in a crash. Wearing brightly colored or reflective clothing can help ensure that a cyclist will be seen by other drivers on the road.

- Drive defensively - Many motorcycle accidents occur because drivers do not see motorcycles around their vehicles. Cyclists should take extra care to ensure that they do not drive in other cars’ blind spots or follow vehicles too closely, and they should always follow the rules of the road.

- Never drink and drive - Alcohol impairment makes it unsafe for a driver to operate any vehicle, but the loss of coordination and reaction time can be especially dangerous for motorcyclists. Even if a cyclist is not above the legal blood alcohol limit of .08%, it is best to avoid operating a motorcycle after drinking any amount of alcohol or using drugs that can impair one’s driving ability.


Contact a Palatine Motorcycle Accident Attorney

Motorcyclists are much more likely to be injured in a collision than other drivers, and when an accident is caused by a person’s negligence, a cyclist may be able to pursue compensation for their injuries. If you have been injured in a motorcycle accident, the attorneys of Drost, Gilbert, Andrew & Apicella, LLC can work with you to help you obtain the compensation you deserve. Contact a Schaumburg personal injury lawyer today at 847-934-6000 to schedule a personalized consultation.

Ken ApicellaAbout the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.



Sources:
https://www.nsc.org/road-safety/safety-topics/motorcycle-safety
https://www.nhtsa.gov/road-safety/motorcycle-safety
https://www.cyberdriveillinois.com/publications/pdf_publications/dsd_x140.pdf

Pain and Suffering in Personal Injury Cases

Web Admin - Tuesday, April 14, 2015

pain and suffering, Rolling Meadows personal injury attorneyWhile advances in technology have greatly improved vehicle safety, severe injuries still occur in automobile accidents. When an individual’s injuries are the result of the fault of another person, it is possible for that individual to file a personal injury lawsuit. A difficult, but important, part of a personal injury damage award to determine is an individual’s pain and suffering.

What is Pain and Suffering?

Pain and suffering is a form of non-economic damage, which means, unlike a person’s medical bills, for example, it is not readily quantifiable. Pain and suffering may be requested as part of a personal injury claim, in addition to other claims, such as medical expenses. Critically, an individual has two years from the time of the accident to file a lawsuit, which is known as the statute of limitations. There are two forms of pain and suffering: physical and mental. Physical pain and suffering involves a person’s actual physical injuries, like pain or discomfort.

Mental pain and suffering involves the negative emotions that are connected with physical pain or the trauma associated with the accident and the injuries that result. These emotions may include, but are not limited to, mental anguish, emotional distress, fear, anger, humiliation, or anxiety. If the mental pain and suffering is severe enough, it may result in posttraumatic stress disorder (PTSD).

Calculating Pain and Suffering

Because pain and suffering is subjective, it can be difficult to value. Different individuals will respond differently to injuries and trauma they experience. As a result of the subjective nature of valuing pain and suffering, it is common that the judge will not have specific guidelines to give to the jury. In Snover v. McGraw, the Supreme Court of Illinois held that, “an award for pain and suffering is not as readily calculable…and jurors must draw on their real-life experiences in making an award.” As a result, it is critical to present as much evidence as possible to best convey to the jury the pain and suffering endured.

One way to determine the value of pain and suffering is to multiply the total medical bills and lost earnings (known as actual or special damages) by some factor, usually between 1.5 and four. For example, if an individual’s actual damages are $50,000 and the multiplier is two, the pain and suffering award would be $100,000. The multiplier is usually determined after considering various factors, such as the severity and long-term health consequences of injuries sustained.

There are some other factors that can affect a plaintiff’s pain and suffering award, including:

  • - Whether the plaintiff is credible and likeable;
  • - Whether the plaintiff’s testimony relating to his or her injuries remains consistent; and
  • - Whether the opinion of the plaintiff’s physician supports the plaintiff’s claims of pain and suffering.

An accident can be a frightening ordeal, even if no injuries result. If you have been involved in an accident caused by another person that resulted in harm to you, contact an experienced Illinois personal injury attorney today. Drost, Gilbert, Andrew & Apicella, LLC provides representation to individuals located in the northwest suburbs, including Rolling Meadows, Palatine, and Barrington.

Ken ApicellaAbout the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.

Fire Safety and Landlord Responsibility

Web Admin - Thursday, December 18, 2014

Illinois smoke detector, landlord responsibility, Schaumburg personal injury attorneyWith the nights getting longer and the days getting colder, fire safety is especially important during the holiday season. In fact, according to the Federal Emergency Management Agency's statistics, over $2 billion in property damage occurs every year as a result of winter fires. The culprits can vary from holiday cooking and decorating, to an increased use of space heaters to keep out the chill. Fortunately, there are numerous steps that people can take to keep themselves safe from fire damage during the winter. Additionally, landlords should pay special attention during this season, so that they can be sure that they understand their fire responsibilities.

Fire Prevention Tips

Some fire prevention tips like making sure to maintain working smoke detectors are repeated year round, but there are some special things that people can do during this time of year to reduce their risk of fire. One of the major culprits of holiday fires are holiday decorations. People can find it tempting to string together strand after strand of lights, but these sorts of decorations are only built to connect so many times. Plugging too many into each other can risk creating a spark.

Holidays also tend to be a time of year where there are a lot of open flames around the house. Whether it is a fire in the fireplace or a set of candles in a menorah, these can pose a serious risk if people do not properly supervise them, or they keep them too close to flammable items like curtains or dried out Christmas trees. Similarly, excessive use of space heaters, especially overnight or when no one is home, can also set fire to household objects.

Landlord's Responsibilities

Landlords also have a variety of special responsibilities during this season. One of the most important is set out in the Illinois Smoke Detector Act. This Act makes it the responsibility of a building's owner to install smoke detectors, and to maintain the detectors in common areas like hallways. Similarly, it makes it the tenant's responsibility to maintain the detectors that the owner has put in their living areas, and it makes it the tenant's responsibility to notify the landlord if there is a problem with the detector that they cannot fix.

Landlords also have a duty to ensure that their building is up to local building codes. This includes having safe electrical wiring, which can be especially important around the holiday season. Failure to maintain adequate wiring can be a fire risk, and even if it does not cause a fire it violates the tenant's right to a habitable structure.

Fires can be some of the most devastating disasters on a personal level. If your home was damaged or destroyed in a fire and you think someone else was to blame, contact an Illinois personal injury attorney today. Our team represents people across the northwest suburbs, including in Schaumburg, Mount Prospect, and Arlington Heights. Call Drost, Gilbert, Andrew & Apicella, LLC to schedule a consultation with an experienced lawyer.

Ken ApicellaAbout the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.

Liability for Accidents on the Golf Course

Web Admin - Tuesday, June 03, 2014

illinois golf accident lawyerWith the warm weather finally here, many people have already begun making their way back to the golf courses. Yet, the sport is not without its legal liabilities. Errant golf ball strikes are a common hazard that can result in damage to nearby property, harm to other players, and even death in some more serious circumstances. Additionally, many golf games involve the players drinking during the game or at the clubhouse afterwards. While the players themselves should always monitor their own intake and drink responsibly, the golf course may also be responsible for damage caused by their drinking if it sells them the alcohol.

Errant Golf Balls

The question of liability for errant golf balls hinges on whether the person or property that was damaged was actually on the course or simply nearby.  One of the most common types of accidents on the course occurs when one player injures another. The occasional poorly aimed shot can go awry and hit another player on another hole or standing off the course. Ordinarily, landowners, like the golf course, do not have a duty to protect people on their land from obvious dangers, like errant shots on a golf course, but such a duty does arise when the owner can reasonably anticipate the danger. Consequently, if there is an area, such as a clubhouse deck, where missed shots land with some frequency, the course may be liable to the injured player.

Importantly, this protection does not necessarily extend to people who have purchased homes near the golf course. Errant shots do occasionally hit those homes or the people in them, and when that happens courts have found it to be the homeowner’s responsibility. One example of this happened in 2005 when a missed drive struck a woman sitting in her garden. The court refused to award damages based on the legal doctrine of “assumption of risk,” which means that homeowners who buy houses near a course are aware that shots may occasionally land on their property and they accept that risk when they buy the house.

Alcohol on the Course

That golf courses tend to sell alcohol also implicates something known as “dram shop laws.” These are laws that make alcohol distributors liable for the damage caused by drunken patrons in certain circumstances. These laws allow people who have suffered injury or property damage because of a drunken person to sue the business that furnished the liquor, provided that the business sold enough alcohol to be responsible for the person’s drunkenness and that the drunkenness was the cause of the damage.

If you were recently injured on a golf course, contact a skilled Illinois personal injury attorney today. Our firm counsels clients in towns around the northwest suburbs, including in Crystal Lake, Buffalo Grove, and Deer Park.

About the Author: Founding partner of Drost, Gilbert, Andrew & Apicella, LLC, Colin Gilbert, received his J.D. from Chicago-Kent College of law in 2005. Colin argues cases across many practice areas including criminal defense, collections, civil litigation, real estate law, and corporate law. Colin is an active member of the Board of Governors of the Northwest Suburban Bar Association and the Illinois Creditors Bar Association. He is currently Vice President of the Arlington Heights Chamber of Commerce, and is a Commissioner for the Village of Arlington Heights. Colin has a 10.0 Attorney rating on Avvo, and was named one of the 2014 “Top 40 Under 40” Trial Lawyers in Illinois by the National Trial Lawyers Association.


Recent Posts


Tags

Rolling Meadows boating crash lawyer Chicago corporate attorney Arlington Heights lawyer Buffalo Grove medical malpractice lawyers Barrington estate planning attorney digital information Illinois red light cameras Schaumburg insurance lawyers Barrington criminal defense lawyer Illinois workers compensation lawyer Arlington Heights medical malpractice lawyer Mount Prospect elder law attorney Crystal Lake business law attorneys Barrington real estate lawyer filing a medical malpractice claim anesthesia errors insurance dispute Arlington Heights employment attorney insurance dispute attorney traffic deaths Illinois real estate Schaumburg civil litigation attorney insurance claim dispute drug crimes dynasty trusts truck collisions Rolling Meadows tax attorney Des Plaines accident attorney changes to mortgage law Chicago car accident lawyer unauthorized overtime commercial leasing low-ball insurance settlement employee misclassification gift tax exemption, estate planning, estate planning strategies, Illinois estate planning, South Barrington estate planning attorneys Schaumburg Attorney field sobriety test wage theft boating DUI Illinois construction accident attorney Schaumburg personal injury lawyer Des Plaines Traffic Lawyer employment lawyer attorney fees Illinois car accident attorney Schaumburg personal injury lawyers ACA corporate law probate claims process Illinois insurance claim dispute lawyers business litigation estate planning South Barrington real estate attorney landlord Illinois job attorney Palatine law firm Schaumburg corporate attorney car accident lawyers DUI defense bike accident residential real estate motorcycle accident problem employees institutional trustee personal injury accidents Crystal Lake insurance lawyer Schaumburg personal injury attorney criminal law Inverness estate planning lawyer construction accidents Crystal Lake traffic attorney Illinois estate planning law firm Crystal Lake traffic lawyer accidental death benefits Illinois registered agent jet ski comp time eluding a police officer product liability Rolling Meadows corporate lawyer Rolling Meadows Attorney trust payments Illinois employment law firm Des Plaines personal injury lawyers Schaumburg medical malpractice lawyer insurance disputes Kenilworth estate planning attorney overtime pay Long Grove wills and trusts attorneys gift taxes PTSD tax attorney Federal Food Drug and Cosmetic Act traffic crimes probate fees federal crimes Buffalo Grove employment lawyer Schaumburg drug defense lawyer Super Mario Barrington drug crime attorney estate planning lawyer Arlington Heights accident attorney Rolling Meadows traffic law firm traffic violations defense Deer Park accident attorney dealing with problem employees life insurance policy Chicago insurance claim attorneys Illinois civil litigation lawyer criminal record Long Grove real estate attorney overtime violations preventable medical errors traumatic brain injuries Rolling Meadows medical malpractice lawyers consent to a search medical malpractice hiring employees Palatine civil litigation lawyer Barrington criminal lawyer distracted driving accident victims rumble strips Barrington medical malpractice lawyers guardianship attorney manufacturing employee rights Rolling Meadows probate lawyer Illinois Smoke Detector Act Rolling Meadows traffic attorney license revocation traffic laws Crystal Lake estate planning lawyer special needs trust fault based insurance insurance claim denial Buffalo Grove personal injury attorney Colin H. Gilbert Crystal Lake medical malpractice lawyer wrongful termination estate planning, digital assets, Revised Uniform Fiduciary Access to Digital Assets Act, Illinois digital assets, Illinois estate planning, Buffalo Grove car accident lawyer Arlington Heights personal injury lawyer Illinois employment law Rolling Meadows insurance lawyer Illinois motorcycle accident lawyer Illinois pedestrian accident attorney Palatine traffic accidents first degree murder Illinois business law atorneys Crystal Lake medical malpractice law firm Schaumburg criminal attorney Long Grove estate planning attorneys Crystal Lake car accident lawyer llinois Real Estate Lawyers Association FMLA car crash injuries irrevocable trust Arlington Heights insurance attorney trench injuries Barrington employment law attorney license reinstatement Rolling Meadows business lawyer Illinois sexual images medical research civil rights violation Illinois small business underinsured motorist DMV real estate zoning Illinois estate planning attorney insurance disputes, Illinois insurance disputes, Illinois insurance dispute attorneys, denied insurance claims, Arlington Heights insurance dispute attorneys Jay Andrew Des Plaines tax law firm Inverness elder law lawyer Chicago employment attorney Palatine personal injury lawyer Palatine estate planning lawyer Crystal Lake employment attorney unfunded trust fiduciary rule delay School Visitation Rights Act Inverness personal injury attorney Illinois LLC creation insurance denials Illinois personal injury Illinois attorney Rolling Meadows accident lawyer Barrington civil litigation attorney Deer Park real estate law firm blended families Joliet general practice lawyers slip and fall Illinois insurance claim dispute lawyer drug possession Kenilworth estate planning lawyer Crystal Lake employment lawyer probate lawyer pet bites Des Plaines collections attorney Buffalo Grove real estate attorney dog bites rollover accidents deed transfer right to work Illinois mortgages Barrington Traffic Lawyer murder charges Whistleblower Claims medication errors Arlington Heights traffic attorney traffic tickets personal injury attorney Rolling Meadows drug defense attorney bicycle accidents Inverness injury lawyer Arlington Heights wills and trusts attorneys murder Inverness real estate attorney Illinois business lawyer Long Grove real estate lawyer Des Plaines real estate lawyer denied insurance claims Illinois jet ski accident lawyer Buffalo Grove corporate attorney Schaumburg construction accident lawyer cell phone Des Plaines insurance attorney Landlord Tenant Ordinance income distribution deducation Arlington Heights wills and trusts lawyer Illinois home inspection Palatine injury attorney Illinois living will Rolling Meadows personal injury attorney disability benefits defective products Illinois criminal defense attorney trucking accidents Illinois medical malpractice case Arlington Heights TBI attorney Des Plaines medical malpractice attorney license icy parking lots spinal cord injuries Rolling Meadows litigation lawyer sole proprietorship Rolling Meadows DUI lawyer crossover accidents Food and Drug Administration's Food Safety Modernization Act Crystal Lake injury attorney in terrorem provision trucking accident lawyers Rolling Meadows estate planning attorney marijuana wrongful death Attorney Ken Apicella Rolling Meadows car accident lawyers Schaumburg real estate lawyer Crystal Lake car accident attorney IRELA owner responsibility Illinois injury lawyer bad faith insurance claims Riverwoods estate planning lawyer advance healthcare directive Rolling Meadows criminal attorney contracts Deer Park criminal attorney Rolling Meadows personal injury lawyer Deer Park personal injury lawyer Crystal Lake civil litigation lawyer Des Plaines claims law firm Inverness probate lawyer condo real estate leasing workers compensation estate planning attorney Home Sale Contingencies Class A misdemeanor comparative negligence Chicago employment lawyer senior citizens Crystal Lake accident attorney Illinois insurance claim attorney foreclosed rental property Illinois driving without license Detainer Actions pedestrian accidents Chicago traffic lawyer medical malpractice, missed diagnosis, delayed diagnosis, medical mistake, Deer Creek medical malpractice lawyers Des Plaines personal injury attorney Crystal Lake criminal defense attorney personal injury, auto accident injuries, delayed injuries, serious injuries, Des Plaines personal injury attorneys fiduciary rule Inverness real estate lawyer commercial real estate Barrington estate planning lawyer Illinois Workers’ Compensation Commission installment contracts hit and run accident new real estate form Crystal lake insurance dispute attorney suspended license DUI penalities DUI attorney trauma after an accident home inspection lawyer Illinois real estate lawyer Deer Park traffic accident attorney dram shop law Crystal Lake personal injury attorney POA ObamaCare mass shooting caregiver agent Inverness DUI lawyer Rolling Meadows marijuana attorney Buffalo Grove traffic lawyers employment law, meal breaks, rest breaks, hotel employees, Des Plaines employment law attorneys Long Grove estate planning Palatine employment lawyer Rolling Meadows employment law attorneys LLCs Illinois wrongful termination lawyer premises liability Policy Cancellation Mount Prospect wills and trusts lawyers insurance attorney rest breaks Rolling Meadows insurance dispute lawyers Crystal Lake pedestrian accident lawyer child safety Illinois personal injury lawyer real estate lawyer compensatory time Illinois insurance lawyer Des Plaines real estate attorney Rolling Meadows criminal lawyer DNR drunk driving defective products lawyer CAM workplace sexual harassment Home Remodeling Repair Act digital assets, digital fiduciary, estate planning, digital content, Long Grove estate planning lawyers back injuries Barrington litigation attorney pedestrian-automobile accident workers comp Arlington Heights employment law attorneys Palatine elder law attorney living trust vs will Rolling Meadows Illinois bicycle safety Palatine real estate lawyer digital evidence Illinois defective products attorney sexual harassment life insurance Rolling Meadows Traffic Lawyer employment contract deadly crashes condo association FSLA estate planning, death tax, succession plans, business estate plans, Barrington estate planning lawyers Schaumburg criminal law attorney personal injury Barrington boating accident attorney insurance adjusters insurance claim denials pet law Rolling Meadows real estate attorney Arlington Heights car crash attorneys Employment Discrimination Law expungement Des Plaines personal injury lawyer Self-Directed IRA Accounts Arlington Heights criminal lawyer Des Plaines civil attorney Illinois estate planning Illinois insurance claims lawyers IRA trust transfer Palatine civil attorney car crash IRA benefits distracted driving accidents Palatine punch death college kids capital gains tax wills Affordable Care Act personal injury claims Illinois personal injury lawyers Barrington employment attorney real estate attorney Illinois workplace lawyer Palatine construction attorney Illinois traffic attorneys Liquor Control Act Des Plaines DUI attorney modern family estate planning cell phone tower data head on collisions car accident Chicago will attorney, social media platforms, Illinois estate planning lawyer, Palatine trusts lawyer Arlington Heights tax lawyer Do Not Resuscitate blood alcohol content real estate closing wills and trusts loss of consortium subcontractor Arlington Heights Traffic Lawyer Rolling Meadows personal injury lawyers privacy laws startup company liens trustee Illinois tax attorney employment attorney Deer Park DUI lawyer criminal defense traffic violations Barrington employment law firm Crystal Lake personal injury lawyer Palatine corporate law attorneys Illinois corporate lawyer Illinois law Illinois employment law attorney employment law Palatine insurance lawyer elder abuse Barrington attorney murder defense vacation home fines forming a corporation in Illinois Schaumburg estate attorney personal injury law firm homestead rights Arlington Heights wills and trusts attorney probate Illinois medical malpractice attorney investment property meal breaks Illinois traffic attorney digital assets pain and suffering Arlington Heights pedestrian accidents real estate contract texting while driving Barrington personal injury attorney drugs Illinois lawyer marijuana crimes attorney estate planning trusts natural gas wrongful termination, employment law, whistleblower protections, Illinois employment laws, discrimination in the workplace brain injury Deer Park employment law attorney Des Plaines BAC car collision medical malpractice claims traumatic brain injury Illinois trucking safety Palatine business attorney healthcare Illinois rollover accident lawyers Rolling Meadows insurance dispute lawyers, insurance dispute Buffalo Grove insurance claim dispute lawyers insurance claim dispute attorney underage DUI Palatine criminal defense lawyer estate plan Arlington Heights trucking lawyer revenge porn Palatine probate lawyer mortgage Illinois wills and trusts attorneys denial of life insurance Schaumburg employment attorney unpaid assessment Illinois traffic accident lawyer pedestrian accident breach of contract Arlington Heights estate planning attorney employment contract, employment law, employment at-will, Deer Park employment law attorneys, contract, Arlington Heights car accident lawyer Crystal Lake employment law attorney Crystal Lake tax lawyer liability claims Schaumburg estate planning attorney Schaumburg car accident attorney insurance claims insurance negligence personal injury lawyer construction contracts Long Grove estate planning attorney holiday statistics Rolling Meadows insurance attorney pay when paid contract Palatine employment law lawyer IRS Schaumburg estate planning lawyer financial advisors Des Plaines injury law firm Buffalo Grove traffic attorney foreclosure Illinois employment law attorneys employee discrimination pedestrian injuries, pedestrian fatality no contest clauses healthcare claims Illinois employment lawyer power of attorney federal regulations for LLCs insurance denial appeals drug crimes lawyer Des Plaines drug lawyer estate planning for college students Rolling Meadows employment attorney Palatine traffic lawyer motorcycle accident lawyer texting and driving Schaumburg elder law lawyer unpaid overtime pizza emoji Forcible Entry reckless homicide real estate attorneys elder law vacation home criminal Mt Prospect Attorney Mount Prospect real estate lawyer Exclusions Deer Park traffic lawyer auto accidents Buffalo Grove criminal defense lawyer Illinois insurance disputes estate tax uninsured motorist Barrington business law firm Buffalo Grove injury lawyer Illinois Transfer on Death Instrument internet Chicago estate planning lawyer work unions Illinois wills and trusts Illinois personal injury attorney construction accidents, personal injury, wrongful death, Arlington Heights personal injury attorneys, workers' compensation Des Plaines criminal attorney Illinois medical malpractice claim rollover car crashes real estate Fair Labor Standards Act trusts TBI Palatine workers compensation lawyer Illinois insurance attorney Schaumburg probate attorney Barrington Illinois estate planning lawyer severance agreements spinal cord injury probate claims Illinois workers compensation attorney Rolling Meadows employment law attorney surgical mistakes Crystal Lake law firm Legal Info boating under the influence Illinois pet lawyer Illinois probate lawyer commercial leases Palatine corporate attorney Illinois traffic laws traffic accidents insurance agent negligence Illinois elder law attorney driving life insurance lawyer Chicago attorney controlled substance automated cars Illinois Human Rights Act Deer Park workers compensation lawyer operating agreements workers compensation benefits loopholes Schaumburg injury lawyer Illinois DUI attorney denied insurance claim Crystal Lake medical malpractice attorneys Arlington Heights real estate lawyer Kenilworth estate planning attorneys slip and fall accidents Crystal Lake will lawyer job lawyers Inverness corporate attorney Palatine drug lawyer Illinois trusts attorney Inverness insurance attorney products liability Retaliatory Discharge Deer Park medical malpractice attorney Schaumburg wrongful death attorney Illinois Wage Payment and Collection Act clemency Arlington Heights Attorney Palatine Attorney appealing an insurance claim digital media accounts, estate planning, Arlington Heights estate planning attorney, drug crime Family Medical Leave Act underfunded trust Des Plaines drug crimes lawyer BAIID Thanksgiving Barrington workers compensation attorney Deer Park motorcycle accident lawyer Colin Gilbert Buffalo Grove probate lawyer probate process paid sick leave Illinois will lawyer employees Chicago lawyer Illinois collections attorney personal injury claim food poisoning fatal car accidents Des Plaines pet law attorney creditors health insurance dispute living trust benefits drunk driving statistics breathalyzer test hands free device Schaumburg Illinois speeding lawyer Chicago estate planning Palatine employment attorney estate attorney power of attorney for healthcare whistleblower protections Illinois Sales Representative Act liability Arlington Heights personal injury attorney civil litigation attorney Transfer on Death Instrument Inverness accident lawyer Fourth of July license suspension caretaker rights DUI Schaumburg traffic lawyer BUI car accidents boating accidents jet ski accidents Buffalo Grove law firm Illinois workplace discrimination attorney Illinois boating accident lawyer Crystal Lake pet attorney Arlington Heights wills and trusts lawyers Illinois employment laws Barrington personal injury lawyer speeding taxes traffic offenses Des Plaines motorcycle accident attorney involuntary manslaughter golf accidents ken apicella insurance dispute, insurance dispute lawyers, insurance claim denial, insurance claim delays, Rolling Meadows insurance dispute attorneys living trust preventing accidents Chicago insurance law firm privacy Inverness civil lawyer Buffalo Grove personal injury lawyer living wills swimming pools Crystal Lake bike accident lawyer Barrington injury attorney car crashes natural gas explosion life insurance claims DGAA cell phone accidents social media after death small business Chicago trucking accident attorney Illinois employee rights attorney. Chicago will attorney Illinois traffic ticket lawyer Chicago biking tips insurance agents insurance claim delay bicycle dooring accidents civil litigation Illinois Probate Act of 1975 car accident lawyer rent to own real estate contracts Arlington Heights injury attorney pregnant women Illinois medical malpractice lawyers Inverness traffic law firm Illinois employment attorneys nursing home negligence employment law, Illinois employment laws medical malpractice compensation minimum wage GM ignition switches landlord tenant law independent contractor South Barrington real estate lawyer Schaumburg employment law attorneys insurance claim medical marijuana Illinois insurance dispute lawyers

Archive